MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD

OF THE BOROUGH OF MOUNTAIN LAKES

November 21, 2013

 

Chair Jim Bailey read the Open Public Meeting Advertisement Notice adopted at the annual meeting on January 24, 2013:  Adequate notice of this meeting was given to the Citizen and the Daily Record, filed with the Borough Clerk, posted on the Bulletin Board in the Borough Hall on January 28, 2013 and made available to all those requesting individual notice and paying the required fee.

 

Meeting start 7:32 pm

 

ROLL CALL:

Members Present: Bailey, Tovo, Dagger, Bravo, DeVenezia, Russo, Zamierowski and Happer (7:43 pm)

Absent: Kane, Nachshen and Horan

Also Present: Attorney Peter Henry and Engineer Bill Ryden

 

REVIEW OF MINUTES: Robert Tovo made a motion to adopt the minutes of the October 24th meeting.  Blair Bravo provided the second; the minutes were approved by voice vote of all eligible voters.

 

RESOLUTIONS: none

 

PUBLIC HEARING:

David Caggiano             185 Boulevard

Blk. 56, Lot 8.02                        App. 13-254

            Soil Moving                               R-AA

 

Lance Olitt, the Attorney, and Mark Gimigliano, the Engineer, both licensed in the state of New Jersey would be presenting the application along with David Caggiano owner of the property at 185 Boulevard. Mr. Gimigliano explained the application this evening was a soil moving permit for 185 Boulevard to build a single family home with a driveway, cabana and pool. They would be excavating 695 cubic yards for the foundation and cutting 2,947 CY and filling 1344 CY. The fill will be accomplished by moving soil from the back to the front of the property. They will be trucking out 1603 excess cubic yards using dump trucks.  They will consult with the Borough Engineer to determine the best route for removing the soil, either selecting to move it down the Boulevard to Fanny Road or the opposite way down the Boulevard to Route 46. They were also seeking a waiver from the Stormwater Management requirements under the Residential Site Improvement Standards (RSIS). The property is 1.17 acres so it is considered a major development. The applicant’s position is that the .17 acres of property over the allowed 1 acre is deminimis. They propose to capture the roof run off and the area around the patios and pool into seepage pits. They do not think they should have to meet the RSIS since this development is for a single family home. The plan presented conforms to the allowed impervious coverage requirements of 20%, they are requesting 19.5%.

Jim Bailey asked about a small stairway and retaining wall for a walkout basement on the north side of the house.  David Caggiano explained the area would be lawn with a retaining wall 4 ft high then lawn to the property line. Nick DeVenezia confirmed the area could not be impervious. Mr. Caggiano said it would have to be cut with weed wacker. John Zamierowski asked if retaining walls could be within the setback, Bill Ryden confirmed they could be in the setback. Mr. DeVenezia asked about the placement of the three dry wells. Mr. Gimigliano said there were small inlets near the pool and roof leaders connecting to the dry wells. They will grade the property to encourage the water to flow into the grass areas.  The dry well capacity is designed for 3” of rain. Mr. Zamierowski asked how many drywells and inlets would they have to install to meet the requirements under RSIS; they would need double or 6 wells.

Peter Henry commented the applicant felt the .17 acre of property deminimis so they were requesting a waiver but he did not consider this to be so. He continued, this Board can’t grant more than a deminimis waiver.  The applicant would have to apply to the DCA for the waiver since the need is almost 20% above the allowed threshold. Also, the applicant is seeking a waiver from applicability of the RSIS standards, not a deminimis waiver with respect to the level of required compliance. Mr. Gimigliano explained once they develop the site they will be providing reductions in run off but are not going to meet the reductions required by the RSIS.

Bill Ryden, our Borough Engineer referring to the letter provided by Marc Walker, principle Engineer at Dykstra Walker, said the area was not deminimis thus triggering the state standard but could be deminimis in run off.  He felt they meet the Borough standards for stormwater management but they would have to get the waiver from the DCA. Mark Gimigliano pointed out the predevelopment and post development runoff charts found on sheet 1, the Plot Plan. The run off would remain the same. Peter Henry stated the state requirement is to reduce the rate post development. Bill Ryden said the Borough set standards for run off prior to the state then the state set its own standards. The Board’s resolution could state the plan met the Borough’s stormwater management requirements but the applicant would need to meet those of the state. John Zamierowski asked, how much more dirt would have to be moved if 6 drywells were installed; approximately 10% more.

Bill Ryden had no issues with the soil moving permit but they needed to get the waiver from the state. He asked the applicant when he would have the plans for where the soil would go. David Caggiano said he will work with the general contractor he selects to get rid of the soil. The property has a slope to it and he wanted to create a level backyard. The lot drops 10 ft over a distance of 25 ft.  John Zamierowski was concerned about the side of the property dropping off.  Mr. Gimigliano said they would install a swale and pipe the water across the property to control the run off. Jim Bailey asked if the applicant needed a variance for slopes in excess of 15%. Bill Ryden explained they were creating a 15% slope not removing a 15 % slope.

No one from the public was present to comment on the application.

John Zamierowski made a motion to approve the soil moving permit noting in the resolution the applicant met the Boroughs requirements for stormwater management but would need DCA approval. Peter Henry added the motion should include our standard conditions and the conditions in Bill Ryden’s letter such as establishing a performance bond. Robert Tovo provided the second. The board voted 7 to 0 to approve the application with Bailey, Tovo, Dagger, Bravo, DeVenezia, Russo and Zamierowski voting in favor.

 

Other Business

Jim Bailey inquired about providing copies of the Master Plan to Council.  The Administrator reported copies would be provided to them as well as the Board of Adjustment within the next week. Chairmen Bailey had passed along the Boards goals for the upcoming year to Council and was currently confirming those with expired terms wished to continue serving.

 

There were no other committee reports.

 

Villa Update – Robert Tovo reminded the Board the Villa had presented a development concept to them about 1 year ago, at that time they planned a 60 suite hotel. Since then they moved to a hotel with100 rooms in order to get a hotel liquor license and ultimately selling the one they currently have to someone else in the Borough.  Upon contacting hotel chains it was determined they need 139 rooms to franchise. They have presented the idea to Council. Currently the Planner and Attorney are working on a new ordinance to meet the needs for the development, especially the increase in height.

 

Blair Bravo made a motion and a second was provided by Robert Tovo to adjourn the meeting at 8:29 PM.

 

Respectfully submitted,

 

 

                                                                                    Cynthia Shaw, Secretary